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issue in the cross -complaints. City, Sureteck and CCO shall each file dismissals, with prejudice, <br />of their respective cross -complaints. City, Sureteck and CCO shall bear their own fees and costs. <br />3.0 Requests for Dismissal in Exchange for Payment <br />Within seven (7) days after the Settlement Agreement becomes effective, in <br />connection with this Settlement Agreement, counsel for the Plaintiff shall, in exchange for full <br />payment, deliver to counsel for each of the Defendants an executed Request for Dismissal with <br />Prejudice of Plaintiff s complaint in the Litigation, which dismisses all causes of action asserted <br />against all Defendants therein, with each party to bear its own attorneys' fees and costs. <br />4.0 Warranty of Capacity to Execute Agreement <br />4.1 Plaintiff represents and warrants that no other person or entity has, or has <br />had, any interest in the claims, demands, obligations, or causes of action referred to in this <br />Settlement Agreement except as otherwise set forth herein; that Plaintiff has the sole right and <br />exclusive authority to execute this Settlement Agreement and receive the amounts specified in it; <br />and that Plaintiff has not sold, assigned, transferred, conveyed or otherwise disposed of any of <br />the claims, demands, obligations or causes of action referred to in this Settlement Agreement. <br />4.2 Each person signing this Settlement Agreement represents and warrants <br />that he or she has the requisite authority to execute this Settlement Agreement and bind the party <br />for whom they are signing. <br />5.0 Governing Law <br />5.1 This Settlement Agreement shall be construed and interpreted in <br />accordance with the laws of the State of California without reference to California's choice -of - <br />law rules. <br />5.2 Each party to this Settlement Agreement hereby waives any and all rights <br />based upon the provisions of California Civil Code Section 1542 which read as follows: <br />A general release does not extend to claims which the creditor <br />does not know or suspect to exist in his or her favor at the time <br />of executing this release, which, if known to him or her, must <br />have materially affected his or her settlement with the debtor. <br />5.3 This Settlement Agreement is binding on the parties pursuant to Code of <br />Civil Procedure section 664.6 and is admissible in court as set forth in Evidence Code section <br />1123. <br />6.0 Plaintiff Responsible for All Liens, Medicare, and Indemnification <br />